Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 205/04
Hearing date 9 Jun 2004
Determination date 16 June 2004
Member M Urlich
Representation A Vlatkovich ; A Drake
Location Auckland
Parties Van Kampen v New Zealand Business Telephone Company Ltd and Anor
Other Parties Australian Business Telephone Company Ltd
Summary PRACTICE AND PROCEDURE - Application for leave to bring personal grievance out of time - Applicant did not concede grievance filed out of time - Advised of redundancy with one month's notice in accordance with employment agreement - Issue over date of end of employment - Whether ceased when told dismissed or at end of notice period - Employment ceased at end of notice period - Respondent acknowledged receipt of letter raising personal grievance within 90 day period - Issue determined in favour of applicant - Parties directed to mediation - Noted that employment agreement did not contain plain language explanation of services available for resolution of employment relationship problems - Dealer channel manager
Result Application granted ; Directed to mediation ; Costs reserved
Statutes ERA s65(2)(vi);ERA s114(1);ERA s114(5)
Cases Cited GFW Agri-Products Ltd v Gibson [1995] 2 ERNZ 323
Number of Pages 4
PDF File Link: aa 205_04.pdf [pdf 22 KB]